Extraordinary circumstances: strikes, weather and technical faults
“Extraordinary circumstances” appears in almost every rejection letter. It applies far less often than airlines suggest.
Your compensation · FRA · Frankfurt am Main → BCN · Barcelona
€250
per passenger, no deduction · owed
- EU Regulation 261/2004€250 · owed
Short-notice cancellation: full compensation.
- Great-circle distance
- 1,093 km
- Distance band
- up to 1,500 km
- Time limit in Germany (BGB s. 195, 199)
- 31 December 2029
Write the claim letter to the airline
Prepared by Radif Partners · Method · law as of October 22, 2026 · 4,008 airports (OurAirports)
Under Article 5(3) of EU261, and the identical rule in UK261, an airline does not have to pay compensation if the cancellation or delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. The Court of Justice reads this narrowly. A strike by the airline’s own staff, such as pilots or cabin crew, is not extraordinary (C-28/20, 2021), because industrial relations are part of running an airline. An ordinary technical fault that maintenance could have found is not extraordinary either (C-549/07). Severe weather, air traffic control restrictions, strikes by air traffic controllers or airport staff, security risks and hidden manufacturing defects usually are. The airline has to prove the cause and show what it did to limit the consequences, and it owes care with meals and hotels in every case. For EU flights from 23 October 2027 an annex lists examples; an own-staff strike excuses the airline only when the demands can be met by public authorities alone. Canada treats strikes within the carrier differently.
Two strikes, two outcomes
Take Gatwick to Barcelona, 1,109 km, cancelled the day before. If cabin crew employed by the airline walked out, UK261 gives £220 per passenger (status: owed). If French air traffic controllers closed the airspace, the status becomes “not owed if extraordinary”. Your evening is ruined either way; the difference is who controls the strike. The calculator above runs the same comparison on Frankfurt to Barcelona under EU261: switch the reason from “Airline staff strike” to “Air traffic control, airspace closure”.
| Cause | EU261 and UK261 today | EU from 23 Oct 2027 (annex) | Canada (APPR) |
|---|---|---|---|
| Airline staff strike (pilots, cabin crew) | not extraordinary (C-28/20) | not extraordinary unless only the state can meet the demands | outside the carrier’s control |
| Air traffic control, airspace closure (including ATC strikes) | usually extraordinary | listed in the annex | outside the carrier’s control |
| Airport strike (security, third-party ground staff) | usually extraordinary | listed in the annex | outside the carrier’s control |
| Severe weather | usually extraordinary | listed in the annex | outside the carrier’s control |
| Technical fault (routine) | not extraordinary (C-549/07) | not extraordinary | safety: no compensation, care owed |
| Technical fault: hidden manufacturing defect | can be extraordinary | listed in the annex | outside the carrier’s control if notified |
| No reason / operational (staff shortage, sickness, scheduling) | not extraordinary | not extraordinary | within the carrier’s control |
If the cause does not excuse the airline
EU261 today
€250
| EU261 from 23 Oct 2027 | €250 |
| UK261 | £220 |
The two-step test
An event is extraordinary when, by its nature or origin, it is not part of the normal exercise of the airline’s activity and is beyond its actual control. That is step one. In step two the airline must show that it took all reasonable measures to avoid the cancellation or delay: standby aircraft, re-planning, rebooking on other flights including other airlines. Fail step two and it pays despite an extraordinary cause. The burden of proof is on the airline. The Civil Aviation Authority applies the same reasoning to UK261 claims.
What a rejection letter should contain
A bare “extraordinary circumstances” is not enough. Ask for the specific cause, the airport, the time and the steps taken. For weather: where, and with what effect on your flight. For air traffic control: which restriction, for how long. A vague answer is a good reason to escalate: see how to escalate a claim.
EU changes from October 2027
Regulation (EU) 2026/2202 adds an annex with examples: weather, air traffic management, airport strikes, hidden manufacturing defects and others. The list is not exhaustive; courts still decide case by case. The new point is the airline’s own staff: a strike excuses it only if the strikers’ demands can be met by public authorities alone. A normal pay dispute stays the airline’s risk. See EU261 reform 2027.
Canada is different
Under the APPR, section 10 lists a strike within the carrier as outside its control, so no compensation is owed there for a pilot walkout, though rebooking still is. Cause-by-cause details are on the Canada page.